24 May CPPA: Does It Apply To Your Website?
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CPPA: Does It Apply To Your Website?
First, what is the CCPA? The California Consumer Privacy Act or CCPA gives consumers more control over the personal information that businesses collect about them and the CCPA regulations provide guidance on how to implement the law.
What rights do California consumers have under the CCPA? This landmark law secures new privacy rights for California consumers, including:
- The right to know about the personal information a business collects about them and how it is used and shared;
- The right to delete personal information collected from them (with some exceptions);
- The right to opt-out of the sale or sharing of their personal information; and
- The right to non-discrimination for exercising their CCPA rights.
- The right to correct inaccurate personal information that a business has about them; and
- The right to limit the use and disclosure of sensitive personal information collected about them.
How may this relate to any website? CCPA compliance applies to various business activities involving the collection, use, and disclosure of personal information of California residents.
Specifically, who’s considered a California resident? According to Section 17014 of Title 18, a California resident is anyone in the state for a purpose that is not transitory or temporary.
And, what does CCPA mean by ‘personal information’? Personal Information is defined as information that identifies, relates to, or could reasonably be linked with a Californian consumer or their household. For example, it could include their email address, records of products purchased, internet browsing history, geolocation data, name, social security number, fingerprints, and inferences from other personal information that could create a profile about their preferences and characteristics.
Here are some key business activities covered by CCPA:
1
Collecting Personal Information: If your business collects personal information directly from California residents, CCPA applies. This includes information such as names, addresses, email addresses, social security numbers, and more.
2
Selling Personal Information: Under CCPA, the sale and disclosure of personal information is regulated. If you’re a business that shares customer data with third parties for monetary or other forms of compensation, it’s important to understand the opt-out rights and disclosures set out in the CCPA.
3
Sharing Personal Information for Business Purposes: The CCPA also applies to businesses that share personal information with third parties for business purposes, such as providing services, fulfilling customer requests, marketing initiatives, or other legitimate commercial activities.
4
Processing Personal Information on Behalf of Others: If your business acts as a service provider or processor, handling personal information on behalf of other businesses that must comply with CCPA, you have specific obligations under the law, too.
5
Online Tracking and Advertising: The California Consumer Privacy Act covers activities related to online tracking and advertising. If your business uses cookies, other tracking technologies, or engages in online behavioral advertising, compliance requirements apply.
Important Notes
CCPA mandates specific disclosures in your privacy policy, including information about the categories of personal information collected, the purposes for which it is used, and the rights of consumers under CCPA.
CCPA guarantees certain rights to consumers, such as the right to know what data businesses have collected about them and the ability to request their personal information be deleted or sold. Businesses must develop and maintain procedures that allow them to satisfy consumer requests in compliance with these CCPA rights.
Working on becoming CCPA compliant?
A checklist can help.
The information provided herein is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice or a substitute for professional legal counsel. The information presented is provided solely as a resource to assist you in understanding general legal concepts and considerations.
Please be aware that laws and regulations vary by jurisdiction and may change over time. Therefore, the information provided may not be applicable to your specific circumstances or location. Consulting with legal professionals can help determine the specific applicability of CCPA to your business activities.
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Stay ahead of privacy regulations.
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